Hearing waived in vehicular death case

Danny Ray Smith, pictured, is charged with vehicular homicide. He is accused of hitting Haylee Burks, her younger sister and their mother while driving on Fifth Street in Northport.
His attorneys waived a preliminary hearing because the Tuscaloosa County District Attorney's Office has already provided them with discovery materials related to the case.

By Stephanie TaylorStaff Writer

Published: Thursday, June 21, 2012 at 3:30 a.m.

Last Modified: Wednesday, June 20, 2012 at 10:43 p.m.

The man accused of killing an 8-year-old girl after the Tuscaloosa Regional Air Show in March has waived a court appearance that was scheduled for Friday.

Danny Ray Smith is charged with vehicular homicide. He is accused of hitting Haylee Burks, her younger sister and their mother while driving on Fifth Street in Northport.

His attorneys waived a preliminary hearing because the Tuscaloosa County District Attorney's Office has already provided them with discovery materials related to the case.

It is typical for preliminary hearings to be waived if the attorneys have already shared information, said Tuscaloosa County Deputy District Attorney Scott Holmes.

District Judge Jim Guin required Smith to surrender his passport and wear a GPS monitoring ankle bracelet as conditions of his bond requested by the District Attorney's Office. Smith has been free on $110,000 bail since his arrest on March 31.

“The defendant has posted bonds in the cases upon special conditions being imposed by the court upon the district attorney's motion, including an ankle GPS monitoring bracelet and surrender of his passport,” said Holmes, who is prosecuting the case. “The law requires that bonds be set in all cases except capital murder cases, unless the defendant violates conditions of the bond.”

Smith, 65, has been granted permission to travel to Florida to work, but has spent most of his time in Tuscaloosa since he was charged, his attorneys said.

Police said that Smith, who owns Dixie Air Inc. and Danny Smith Construction Co. Inc., was hosting a private party for the air show on March 31.

According to court documents, the Burks family, from Chilton County, was walking in the grass along Fifth Street in Northport when Smith veered off the road and struck Tanya Burks and her daughters. Haylee, who was 5 feet tall and weighed about 80 pounds, later died at DCH Regional Medical Center.

Investigators wrote in reports that the tests indicated Smith's blood alcohol level as .13 percent at the time, higher than the .08 legal limit in Alabama.

Smith is charged with vehicular homicide, first-degree and third-degree assault. He is also charged with leaving the scene of an accident with injuries, after witnesses told police that he continued driving for about 150 yards, got out, walked back to the accident site and returned to his truck, according to the police report. He would not get out of the truck immediately after officers knocked on the window and hood.

Tanya Burks, who sustained four fractured vertebrae, has filed a civil wrongful death suit against Smith. He is represented by attorneys Robert Prince, Mary Turner and Hays Webb.

“Danny and the entire Smith family are heartbroken over this tragedy and are truly sorry this has happened,” Prince said after the charges were filed. “They also hope anyone who hears or reads about this accident will resist jumping to conclusions, but instead will simply pray for those who were injured and their family.”

<p>The man accused of killing an 8-year-old girl after the Tuscaloosa Regional Air Show in March has waived a court appearance that was scheduled for Friday.</p><p>Danny Ray Smith is charged with vehicular homicide. He is accused of hitting Haylee Burks, her younger sister and their mother while driving on Fifth Street in Northport. </p><p>His attorneys waived a preliminary hearing because the Tuscaloosa County District Attorney's Office has already provided them with discovery materials related to the case. </p><p>It is typical for preliminary hearings to be waived if the attorneys have already shared information, said Tuscaloosa County Deputy District Attorney Scott Holmes.</p><p>District Judge Jim Guin required Smith to surrender his passport and wear a GPS monitoring ankle bracelet as conditions of his bond requested by the District Attorney's Office. Smith has been free on $110,000 bail since his arrest on March 31. </p><p>“The defendant has posted bonds in the cases upon special conditions being imposed by the court upon the district attorney's motion, including an ankle GPS monitoring bracelet and surrender of his passport,” said Holmes, who is prosecuting the case. “The law requires that bonds be set in all cases except capital murder cases, unless the defendant violates conditions of the bond.”</p><p>Smith, 65, has been granted permission to travel to Florida to work, but has spent most of his time in Tuscaloosa since he was charged, his attorneys said.</p><p>Police said that Smith, who owns Dixie Air Inc. and Danny Smith Construction Co. Inc., was hosting a private party for the air show on March 31. </p><p>According to court documents, the Burks family, from Chilton County, was walking in the grass along Fifth Street in Northport when Smith veered off the road and struck Tanya Burks and her daughters. Haylee, who was 5 feet tall and weighed about 80 pounds, later died at DCH Regional Medical Center.</p><p>Investigators wrote in reports that the tests indicated Smith's blood alcohol level as .13 percent at the time, higher than the .08 legal limit in Alabama.</p><p>Smith is charged with vehicular homicide, first-degree and third-degree assault. He is also charged with leaving the scene of an accident with injuries, after witnesses told police that he continued driving for about 150 yards, got out, walked back to the accident site and returned to his truck, according to the police report. He would not get out of the truck immediately after officers knocked on the window and hood.</p><p>Tanya Burks, who sustained four fractured vertebrae, has filed a civil wrongful death suit against Smith. He is represented by attorneys Robert Prince, Mary Turner and Hays Webb. </p><p>“Danny and the entire Smith family are heartbroken over this tragedy and are truly sorry this has happened,” Prince said after the charges were filed. “They also hope anyone who hears or reads about this accident will resist jumping to conclusions, but instead will simply pray for those who were injured and their family.”</p><p>Reach Stephanie Taylor at stephanie.taylor@tuscaloosanews.com or 205-722-0210.</p>